Kerrison’s Legal Services v Studio B Hair Design Pty Ltd [2022] NSWSC 1801

Supreme Court New South Wales

Medium Neutral Citation: Kerrison's Legal Services v Studio B Hair Design Pty Ltd [2022] NSWSC 1801 Hearing dates: 01 December 2022 Date of orders: 01 December 2022 Decision date: 01 December 2022 Jurisdiction: Common Law Before: Garling J Decision: (1) Order that the decision of the Manager Costs Assessment dated 16 March 2022 made in Costs Assessment Application for Review No.2021/159273, which was first lodged on 24 January 2022, be set aside in whole pursuant to s 93B(3) of the Legal Profession Uniform Law Application Act 2014 and Uniform Civil Procedure Rules r 49.19(1). (2) Order that the time for lodgement of the costs assessment Application for Review be extended up to and including 24 January 2022. (3) Order the first defendant to pay the plaintiff's costs of the proceedings. Catchwords: LEGAL PRACTITIONERS — practice and procedure — extension of time — where Costs Assessor issued costs assessment determination — where s 83 Legal Profession Uniform Law Application Act 2014 provided that a party to a costs assessment may apply for a review of a determination within 30 days — where plaintiff was 12 days late — where Manager Costs Assessment refused to grant extension of time — whether extension of time should be granted — extension granted and decision of Manager Costs Assessment set aside Legislation Cited: Legal Profession Uniform Law Application Act 2014 Uniform Civil Procedure Rules r 49.19(1) Cases Cited: Tomko v Palasty (No 2) [2007] NSWCA 369 Wily re LED (South Coast) Pty Ltd [2009] NSWSC 946 Texts Cited: Not Applicable Category: Procedural rulings Parties: Kerrison's Legal Services (P) Studio B Hair Design Pty Ltd (D1) The Manager, Costs Assessment D2) Representation: Counsel: C Bevan (P) A Crossland (D1) Submitting (D2)